FACTS which contradict what is taught in the universities and which even run counter to the assumptions made by critics of misandry.

Wednesday, July 20, 2011

Clarice B. Covert, Axe Murderess - 1953

FULL
TEXT: Washington, June 11 – Two women convicted overseas of killing their
soldier husbands have been freed by the supreme court on grounds the military
courts that tried the women had no authority to do so.

The
decision yesterday mean freedom from life sentences for Mrs. Dorothy Krueger
Smith convicted in Tokio for the stabbing of Col. Aubrey D. Smith and Mrs.
Clarice B. Covert, convicted in England for the ax murder of M. Sgt. Edward E
Covert.

Mrs.
Covert was free on bond awaiting retrial by a military court. Mrs. Smith was
expected to be released in a few days iron the Alderson W. Va. reformatory.

Justice
Black, in a 39-page opinion, reviewed the role of the military in the American
system of government and declared that under the Constitution, civil courts
alone, have the power to try civilians for crimes committed against the United
States.

“We should not break faith with this nation’s tradition of
keeping military power subservient to civilian authority, a tradition which is
firmly embodied in our Constitution,” Black said.

The
court’s ruling was a reversal of a decision given one year ago today. Last
year, the court said military tribunals could try civilians abroad.

Council
for the two women won a rehearing by protesting the high court had left
unresolved important constitutional questions.

Joining
with Black in yesterday’s 6-2 decision were Chief Justice Warren and Justices Douglas,
Harlan, Brennan and Frankfurter. But Frankfurter and Harlan in separate
concurring opinions said they were ruling only against military trials overseas
in capital cases. Justice Whittaker did not participate.

Justices
Clark and Burton in a dissenting opinion said the majority decision left only
the “unhappy prospect” that dependents of American soldiers would be prosecuted
in foreign courts. They also said the Constitution makes no distinction between
capital and other cases.

Said
Black:

“The
concept that, The Bill of Rights and other constitutional protections against
arbitrary government are inoperative when they become inconvenient or when
expediency dictates otherwise is a very dangerous doctrine and if allowed to
flourish would destroy the benefit of a written Constitution and undermine the
basis of our government.

“If
our foreign commitments become of such nature that our government can no longer
satisfactorily operate within the ground laid down by the Constitution, that
instrument can be amended by the method which prescribes. But we have no
authority, or inclinations, to read exceptions into it which are not there.”

“Decisive
Answer”

Black
recalled that at the time he two women were tried was in effect with The United States,
Great Britain and Japan. The agreement said U. S. military courts could try
American servicemen and their dependents for offenses committed abroad.

“The
obvious and decisive answer,” said Black, “is that no agreement with a foreign
nation can confer power on congress, or any other branch of government, which
is free from the restraints of the Constitution.”

[Paul
Vost, “High Court Frees Two Women Convicted Overseas of Killing Soldier
Husbands Rules Military Tribunals That Tried Them Had No Authority to Do So,”
Jun. 11, 1957, p. 1]

***

For more Violence by Women cases involving axes and
hatchets, see: Give ‘Em the Axe